top
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Tue Feb 18 2014 (Updated 02/19/14)
Federal Judge Rules That Indybay Journalist Can Sue BART Police For Retaliatory Arrest
Tue Feb 18 2014 (Updated 02/19/14)
Indybay Reporter Targeted by BART PD Prior to & Arrested at Powell Street Station Protest
On February 11, United States Magistrate Judge Jacqueline Scott Corley ruled that Indybay reporter David Morse (known to readers as "Dave Id") would be able to take his civil rights lawsuit against BART police to trial. Morse was arrested while covering a "No Justice No BART" protest on September 8, 2011. BART Deputy Police Chief Dan Hartwig selected David Morse for arrest during the protest at the Powell Street BART Station, a culminating act in BART's response to a series of escalating demonstrations which publicly embarrassed the agency. As Morse's Indybay postings successively described the public furor around the actions of BART and its police force, BART police commanders commissioned an intelligence officer to profile Morse, publish his photograph, and prepare officers to make his arrest. At the Powell Street Station demonstration itself, Morse continued his usual journalistic activities, only to find himself singled out for arrest, handcuffed, held in a police substation, and ultimately transported to San Francisco County Jail. Every other credentialed journalist was released from a police encirclement that day.

Magistrate Judge Jacqueline Scott Corley has now ruled that Morse has sufficient evidence to continue to pursue his First Amendment claim against Deputy Chief Hartwig for arresting him in retaliation for his extensive and critical reporting on their police department. Additionally, Judge Scott Corley has ordered that evidence in the case previously under seal be made available for public review. A trial has been scheduled for September of this year.

pdfRead More with Court Filings | audioGil Gross Interview with Attorney Michael Siegel About Indybay Reporter's Case Against BART

Previous Features Related to Indybay Reporters: NLG Obtains $1.17M and OPD Reforms for Injured Occupy Oakland Protesters and Journalists | Indybay Reporter Charged in 2011 Vacant Bank Occupation: Bradley Allen's Story | Indybay Journalist Wins Payment and UCB Agreement to Change Policies, Train Officers | All Charges Dismissed Against Indybay Photojournalists Bradley and Alex | ACLU-NC Submits Brief in Support of Indybay's Bradley Stuart Allen and Alex Darocy | Indybay Journalists Charged with Felony: Conspiracy to Make Media | Society of Professional Journalists Committee Scolds BART for Actions at Sept. 8th Protest | Indybay Reporter Files Supreme Court Appeal in Civil Rights Case | Indybay Reporter Files Federal Civil Rights Lawsuit Against UC Police | Indybay Journalist Denied the Right to Sue to Redress His Own False Arrest by SFPD in 2004 | Indybay Reporter Succeeds in Quashing UCPD Search Warrant | Reporter Josh Wolf Freed | Josh Wolf Jailed For Refusal to Hand Over Video of Protest | SF Grand Jury Targets G8 Protest And Independent Journalist
02/24/17 Activists Protest HP Enterprise for Profiteering from Racism in Israel-Palestine and U.S. Front Page | Anti-War | San Francisco | U.S. | International | Palestine02/24/17 Protest After Fresno Mayor Lee Brand Says City Will Not Provide Sanctuary for Immigrants Front Page | Police State and Prisons | Racial Justice | Central Valley | Government & Elections | Immigrant Rights02/23/17 Shortly After Shutdowns of College Speaking Events, Milo Shunned by His Own People Front Page | Racial Justice | Global Justice and Anti-Capitalism | Education & Student Activism | Central Valley | East Bay | U.S. | Immigrant Rights02/17/17 Santa Cruz DA Won't File Charges Against Police Officer Who Killed Man Holding Garden Rake Front Page | Police State and Prisons | Health, Housing, and Public Services | Santa Cruz Indymedia02/16/17 Nationwide Ramp-Up of Highly Militarized ICE Raids Includes California's Central Coast Front Page | Police State and Prisons | California | U.S. | Immigrant Rights | Santa Cruz Indymedia02/15/17 Number of Monarchs Overwintering in California Remains Low Front Page | Environment & Forest Defense | California | U.S. | International | Americas | Santa Cruz Indymedia02/15/17 Civil Rights Groups Condemn New York City's Fordham University Ban on SJP Front Page | Education & Student Activism | U.S. | Palestine02/14/17 Safe Drinking Water Exemptions Allow Oil Companies to Dump Waste Fluid Into Aquifers Front Page | Environment & Forest Defense | Central Valley | East Bay | California | Government & Elections | Santa Cruz Indymedia02/13/17 Eight Banks Funding the Dakota Access Pipeline Protested Front Page | Environment & Forest Defense | Racial Justice | Peninsula | U.S.02/13/17 Dam Maintenance Neglected as Governor Brown Promotes Delta Tunnels Front Page | Environment & Forest Defense | Central Valley | California | Government & Elections02/09/17 International Women's General Strike on March 8: Walk Out, March and Demonstrate Front Page | Health, Housing, and Public Services | Labor & Workers | Global Justice and Anti-Capitalism | LGBTI / Queer | Womyn | U.S. | International
Related Categories: San Francisco | Indymedia | Police State and Prisons | Front Page
Native Nations March - San Francisco Idle No More SF Bay Saturday Feb 25th 7:03 PM
San Francisco Hotline in Case of ICE Raids AROC Saturday Feb 18th 8:02 PM
Solidarity with Planned Parenthood San Francisco ISO - Northern California Friday Feb 10th 10:22 PM
San Francisco, Sanctuary City, Closes McCoppin Hub San Francisco Food Not Bombs Thursday Feb 9th 6:36 PM
SF Cover-up Blows Up At Superfund Hunters Point Naval Shipyard "Clean-up" Meeting Labor Video Project (3 comments) Thursday Feb 9th 10:58 AM
More Local News...
[ × close ]
Prison Strike Organizers to Protest Food Giant Aramark Kamala Kelkar, SF Bay View Sunday Jan 8th 9:10 PM
Trump Election Exposes Crises of US Capitalism & Imperialism; Creates Opportunity United Public Workers For Action (2 comments) Thursday Dec 1st 2:38 PM
Is Wells Fargo an on-going criminal enterprise? Lynda Carson (4 comments) Monday Sep 12th 6:08 AM
The Politics of My OSC Complaint At OSHA/DOL Darrell Whitman Monday Aug 15th 9:55 AM
Killer whales remain protected in Washington via OCEANA Wednesday Jun 15th 5:03 PM
Police evicts No Border Camp in Greece No Border Camp (2 comments) Wednesday Apr 20th 5:13 AM
More Global News...
[ × close ]